Defenses and Affirmative Defenses
Liability Defenses
The defense asserts that nonuse contributed to the severity of injury rather than to the collision itself. States divide sharply, with many statutes barring evidence of nonuse entirely.
Where permitted, it typically affects damages rather than liability.
Alternative Names:
Failure to Wear Seat Belt, Seat Belt Nonuse
Why it Matters?
Statutory admissibility is the threshold question and the answer varies dramatically, with some states barring the evidence outright, others permitting it only on damages, and a few allowing full comparative fault treatment. Where evidence is barred, introducing it can produce a mistrial. Confirming the statute before any reference, including in deposition, is necessary rather than optional.
Frequently Confused with
Related terms
Frequently asked questions
Is seat belt evidence admissible?
What is the risk of getting it wrong?
